BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 89
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          (  Without Reference to File  )

          AB 89 (Budget Committee)
          As Amended  June 11, 2013
          Majority vote.  Budget Bill Appropriation Takes Effect  
          |ASSEMBLY:  |     |(May 13, 2013)  |SENATE: |36-2 |               |
          |           |     |                |        |     |(June 14, 2013)|
                    (vote not relevant)                
           Original Committee Reference:    BUDGET  

           SUMMARY  :  Contains statutory and technical changes necessary to  
          implement the Budget Act of 2013 relating to developmental  

           The Senate amendments  delete the Assembly version of this bill,  
          and instead: 

          1)Establish a requirement for the administration to submit a  
            master plan for the future of developmental centers, which it  
            has committed to producing by November 15, 2013, to the  
            Legislature, by that same date.  In the preparation of this  
            plan, the administration shall consult with a cross-section of  
            stakeholders, as specified.  Further, create a requirement for  
            the administration to report, by January 10, 2014, to the  
            Legislature regarding the administration's resulting plans to  
            meet the needs of current developmental center residents, and  
            to ensure the delivery of cost-effective, integrated, and  
            quality services for this population.

          2)Require the Department of Developmental Services (DDS) to  
            complete closure of the Lanterman Developmental Center (LDC)  
            in the Fall of 2014 (no later than December 31, 2014).

          3)Remove a previously enacted, two-year time limit on the  
            community state staff program associated with the closure of  
            LDC.  The program allows DDS to contract with an entity, such  
            as a community-based provider of services, for use of the  
            department's employees to provide services in furtherance of  
            the orderly closure of the facility.


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          4)Clarify that existing restrictions on the use of Institutions  
            for Mental Disease (IMDs), enacted in trailer bill language  
            last year AB 1472 (Budget Committee), Chapter 25, Statutes of  
            2012, apply irrespective of the availability of federal  
            financial participation in the costs associated with the  
            placements.  At the same time, authorize, until July 1, 2014,  
            the placement of consumers, who are under 21 years of age, in  
            IMDs for a period of time that exceeds 180 days, if specified  
            conditions are met.  These placements would not, however, be  
            authorized to extend beyond a period of one year, unless  
            specified conditions are met and DDS approves a requested  
            30-day extension.

          5)Require DDS and regional centers to work together to identify  
            services and supports needed for individuals under the age of  
            21 with both developmental and mental health disabilities, and  
            to facilitate the development of community-based resources, as  

          6)Clarify existing provisions, also established in AB 1472, that  
            require regional centers to conduct comprehensive assessments  
            of the needs of developmental center and IMD residents.  More  
            precisely, specify that regional centers shall identify the  
            services and supports that would enable the consumer to move  
            to a community setting, and make other, related changes.

          7)Specify that regional centers shall provide, to the extent  
            appropriate, relevant information from the statewide  
            specialized resource service to individual program planning  
            teams, as specified.

          8)Ensure that clients' rights advocates will be notified of, and  
            unless the consumer objects, authorized to participate in,  
            hearings by writ of habeas corpus for release from specified  
            facilities.  Further, require that clients' rights advocates  
            receive notice of, and be authorized, unless the consumer  
            objects, to participate in, specified individual program  
            planning team meetings.  Finally, require specified notices to  
            the clients' rights advocate when regional centers make, or  
            extend, as specified, placements in IMDs.

          9)Establish authority for regional centers to pay the costs of  
            health insurance copays and coinsurance payments that are  
            associated with a consumer accessing services identified as  


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            necessary in his or her Individual Program Plan.  Further,  
            specify that the conditions under which regional centers would  
            be authorized to make such copay or coinsurance payments, and  
            prohibits payment by regional centers of costs associated with  
            insurance deductibles.  The anticipated General Fund costs in  
            2013-14 associated with coverage of these co-payments and  
            co-insurance is $9.9 million.

          10)Eliminate the sunset date on a requirement for families with  
            children under the age of 18, living at home, who receive  
            services from regional centers beyond eligibility  
            determination, needs assessment, and service coordination, to  
            pay annual fees of $150 or $200.  The application of this  
            policy in 2013-14 is anticipated to result in $3.8 million  
            General Fund (GF) savings.

          11)Make technical changes to the Welfare and Institutions Code  
            Sections 6500 and 6509, to clarify that changes made in AB  
            1472 last year were not intended to preclude court-ordered  
            placements, for individuals who are found to be a danger to  
            themselves or others, in settings less restrictive than  
            developmental centers.

          12)Clarify that regional centers must notify DDS of meetings  
            scheduled, in accordance with existing requirements, regarding  
            specified data with respect to purchase of service,  
            authorization, utilization, and expenditure by regional  
            center.  Additionally, require the regional centers and DDS to  
            collaborate to collect data with respect to the payment of  
            copays and coinsurance.  Finally, require DDS to post notice  
            of the meetings on its Web site. 

          13)Provide that, if the Commission on State Mandates determines  
            that the bill contains costs mandated by the state,  
            reimbursement for those costs shall be made pursuant to  
            existing law. 

          14)Extend the period to liquidate encumbrances of funds  
            appropriated in Item 4300-003-0001 of the Budget Act of 2010  
            (SB 870 (Ducheny), Chapter 712, Statutes of 2010), to June 30,  
            2014, thereby making an appropriation.

          15)Contain an appropriation allowing this bill to take effect  
            immediately upon enactment.


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          Analysis Prepared by  :    Nicole Vazquez / BUDGET / (916)